Website and App User Agreement This Agreement describes the terms on which Vital Fertilizers LLC/Viterra y Asociados S.A. de C.V. (“Vital/Viterra”) offers you access to our Software Just in Time™ Crop Nutrition Plant Nutrient Calculator/Dosificador, specifically developed to support the use and application of Soludrip™ Water-Soluble Fertilizers. Vital/Viterra reserves the right to revise this Website and App User Agreement and the terms and conditions of use of this Software and Services at any time by posting an updated version of the terms on these websites: www.elsurco.com, www.vitalfertilizers.com and www.soludrip.com. You are responsible for regularly reviewing these terms and continued use of this software and services after such notice will constitute your acceptance of such revised terms. If you do not agree to these terms, do not use this Software and Service.

The “Software and Service/Services” shall mean our Just in Time™ Crop Nutrition Plant Nutrient Calculator/Dosificador and any other future software owned and developed by Vital/Viterra as well as distinct series of Applications (“App”) made available by Vital/Viterra to assist growers, farm managers, retailers, distributors, advisors, crop consultants and any agricultural professional involved in the sale, use and application of Soludrip™ Water-Soluble Fertilizers and also reports and information obtained through the use of this Software and Service.

The information and data generated by this Software and Application (“App”) is intended for informational purposes only. It is a general guide and should not be taken as an exact measurement for your specific crop; many factors including location, soil quality and weather conditions may affect and influence the results.

Terms of Use

By accessing this site and making use of this Service, you agree to be bound by the following terms and conditions of service, including any limitation of your rights and disclaimer of warranties, all of which form this Website and App User Agreement. This constitutes a legal agreement between you and Vital/Viterra.

Vital/Viterra reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice. Vital/Viterra is not responsible for any delays, delivery failures, or any other similar or dissimilar damage resulting from problems inherent to the use of internet and electronic communications. Vital/Viterra shall have no obligation to ensure the ability to use or liability for any such use of the Service in combination with any other products, software or external services. Vital/Viterra may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You agree that Vital/Viterra shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Just in Time™ Crop Nutrition Applications (“App”) are fully owned and operated by Vital/Viterra. By using and/or viewing the App, including the features and services available on it, you agree to comply with and be bound by the these Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the App in relation to a specific service or feature.

License

Vital/Viterra holds all right, title, and interest in and to the Service which is copyrighted work of Vital/Viterra. Vital/Viterra grants you a limited, personal, non-exclusive, non-assignable, and non-transferable license to use and display the Service only on your computer or hand-held device and only for purposes associated with your use of the Service. This license grants you no right, title or interest in any intellectual property owned or licensed by Vital/Viterra including but not limited to the Service and creates no relationship between you and Vital/Viterra other than that expressly stated herein.

Termination of License

Vital/Viterra may terminate this License at any time without notice, without cause, and without incurring liability to you. If Vital/Viterra becomes aware of inappropriate or unauthorized use of this Service or its content, Vital/Viterra may, in its sole discretion, respond in any way including the right to terminate your access to the Service.

Intellectual Property

All websites described above, its content as well as names, logos, labels, descriptions, Software and Apps associated with the Service are tradenames and trademarks of Vital Fertilizers LLC/Viterra y Asociados SA de CV, and no right or license is granted. The omission of a copyright or trademark notice on the Service shall not be interpreted to mean the material is, or cause the material to be, in the public domain.

Restrictions on Use

You may use the Service for your own personal, non-commercial use or benefit only. You may not and will not allow any other person or entity to:
• Copy, download, display, perform, reproduce, distribute, modify, edit, alter, translate, adopt or enhance any of the Service in any manner or reverse engineer or decompile any code, script, or software forming part of the Service.
• Obtain or attempt to obtain unauthorized access to the Service. • Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the limited License provided by this Website and App User Agreement.
• Sell, lease, loan, distribute, transfer, or sublicense the Service or access thereto or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise, without Vital/Viterra´s prior, express, written permission.
• Post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

DISCLAIMER OF WARRANTIES

ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY DISCLAIMED. SPECIFICALLY, VITAL FERTILIZERS LLC/VITERRA Y ASOCIADOS SA DE CV (“VITAL/VITERRA”) MAKES NO WARRANTY REGARDING THE AVAILABILITY OF THE SERVICE, THE SERVICES, YOUR ACCESS TO THE SERVICE OR ANY CUSTOMER DATA, OR THE ACCURACY OF ANY INFORMATION EITHER STORED OR PROVIDED VIA THE SERVICE.

VITAL/VITERRA AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THE SERVICE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, THE INCLUSION OF INFORMATION IN THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, VITAL/VITERRA MAKES NO WARRANTY REGARDING THE AVAILABILITY OR ACCURACY OF THE SOFTWARE, THE SERVICES, ANY DATA STORED ON VITAL/VITERRA’S COMPUTERS, YOUR ACCESS TO THE SERVICE OR ANY DATA. ALL SUCH INFORMATION IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WHERE-IS” BASIS WITHOUT WARRANTY OF ANY KIND.

VITAL/VITERRA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VITAL/VITERRA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE USED IN THE SERVICE WILL BE CORRECTED. YOUR USE OF, AND ANY RELIANCE UPON, THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LABELS, INFORMATION, MATERIALS, AGRONOMIC INFORMATION, REPORTS, THIRD PARTY DATA AND ADVICE IS AT YOUR OWN RISK. YOU RETAIN ALL RESPONSIBILITY TO VERIFY THE RELIABILITY, TIMELINESS, QUALITY, SUSTAINABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIAL MADE AVAILABLE THROUGH THE SERVICE OR ANY CONTENT. USERS OF THE SERVICE MUST READ AND FOLLOW THE ACTUAL LABEL AFFIXED TO THE BAG AND OTHER APPLICATION REQUIREMENTS BEFORE USE OF THE PRODUCT.

THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND THE LIMITATIONS ON LIABILITY SHALL APPLY TO ALL ASPECTS OF THIS ARRANGEMENT.